손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff owned six greenhouses located in Gangseo-gu Busan Metropolitan City’s ground, and resided in one of them. On November 14:20, 2012, the Plaintiff was destroyed by a fire that occurred in the said greenhouse (hereinafter “instant fire”) and the said four of the said greenhouse was destroyed by a fire, and the said greenhouse was destroyed by a fire in the Plaintiff’s residence.
[Ground of recognition] Evidence No. 1, evidence No. 2-1 through 17, evidence No. 3-1 through 3, evidence No. 4-1, 2, evidence No. 6-1 through 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the fire of this case occurred by the defendant's negligence, and the defendant is obligated to compensate the plaintiff for property damage, such as expenses for restoring the plastic house destroyed by the above fire, and mental damage suffered by the plaintiff.
B. (1) Determination (1) In light of the aforementioned evidence and evidence as seen above, and evidence evidence as well as evidence Nos. 4-3 and 4-4 and the purport of the entire pleadings, the Defendant is growing down the relevant plastic house at some Dongs. On November 7, 2012, the Defendant incinerated waste and returned home in a plastic house in which he had cultivated a stuff around 07:10 on November 7, 2012. The instant fire was first observed in the vicinity of the place where garbage was incinerated, the Defendant was not found with electrical factors on the ground of the instant fire. After the occurrence of the instant fire, the Defendant acknowledged the fact that the fire occurred due to his mistake, and found the Defendant’s attitude to compensate the Plaintiff for the damages incurred to the Plaintiff.
(2) However, considering the fact that the first witness of the instant fire was seven hours after the Defendant’s incineration of garbage, it is insufficient to recognize that the instant fire was caused by the Defendant’s failure to remove the residues after the Defendant’s incineration of garbage, and otherwise, it is reasonable to deem that the instant fire was caused by the Defendant’s negligence.